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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Married 4 Years With an Expired Tourist Visa

    Hello everyone, I been having the run around with the lawyers each one giving me different stories etc. The visa that I had was lost, I only have my passport but in the passport it does not show the stamp of when I entered. I came here in 1993 when I was 5 years old and have been here ever since. Me and my wife been filing jointly and have bank accounts together. We have done the following with our situation; we filed for petition but nothing was done after that because we realized that in my passport there was no stamp and my visa was lost. Some of the lawyers said different things; one said to go back to Juarez and ask for my visa, if I fill out form 102 I have a small chance of them ever finding it, fill out a FOYA (but the lawyer filled up the form but never sent it and in order for us to those forms released to us they need to contact the lawyer but every time they call or we call he never answers). A different lawyer told me that if I was married to U.S citizen for 4 years that they will give me residency something like that. I really need help with this what can I do this is my last resort is asking the community and have some helpful answers. Thank you in advance

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Married 4 Years Have an Expired Tourist Visa

    If you entered the country legally, overstayed the visa, and Married a US citizen it is possible to apply for permanent residecy through your marriage. However, this is a process that requires some specific steps.

    Here is a link to some information about how that process works.
    http://www.uscis.gov/portal/site/usc...00082ca60aRCRD


    Part of that process will be that you will have to show evidence that you entered legally. The I-94 issued upon entry is the usual method of this. If you do not have this document, you can file form I202 to get a replacement. Read through the link below on the form and in the instructions to make sure you know exactly what you need to do.

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

    I am not sure about their record keeping, but it does seem like a risk that they would not possibly have that exact document from 18 years ago. However, part of the evidence you will need to supply is a copy of the passport that shows the entry stamp, so that may help the situation.

    I am not familiar with FOYA ?....would you possible mean FOIA...Freedom of informaiton act?? if that is the case, i am not sure how that will help.

  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Married 4 Years Have an Expired Tourist Visa

    Hello, wow thank you for the help yes I meant a FOIA; The lawyer at the YMCA told me that it could help by gathering all the information that they might have from me from when I came in, until now. Also on the passport there was no entry stamp on mine; my mom, dad and sister has theirs on the passport but mine was not stamped. My dad says that we were giving the I-94 so I can ask for a replacement and see how that goes. Also my visa was one of the newest ones in those years which looked like an Id had all information in the front with a picture and a black strip on the back.

  4. #4
    Join Date
    Apr 2011
    Posts
    5

    Default Re: Married 4 Years Have an Expired Tourist Visa

    I've heard of this before-that the books of very small children were sometimes not stamped. If the I-202 and information above doesn't work for you, if you might do the following: You say you crossed as a family, so would be possible to get notorized copies of *everyone else's* passports in your family that crossed with you as well as affidavits from each of them stating who they are in relation to you, describing what day you all crossed the border, and testifying that they were with you on that day and you all crossed together with inspection? It seems a bit harsh to keep a 5 year old accountable for making sure he has his own I-94 stamp if they can't find your records, so I was thinking the above documentation might suffice.

    I WOULD NOT leave the country to deal with this, however. I would submit the above information with the I-130/I-485 etc.

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